Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 9
 
  
BY THE LORD WHITTY
 
511     Page 106, leave out line 1 
512     Page 106, leave out line 5 
513     Page 106, line 7, at end insert-- 
 ("Harbours Act 1964 (c. 40) 
     .  In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of "sensitive area" there is substituted--
    (a)  land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".")
 
514     Page 106, line 37, leave out ("development)") and insert ("zone)") 
  
After Schedule 9
 
  
BY THE LORD WHITTY
 
515     Insert the following new Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONS AND SAVINGS RELATING TO SITES OF SPECIAL SCIENTIFIC INTERESt 
 Interpretation 
     1.--(1)  In this Schedule--
    the Nature Conservancy Council" has the meaning given by section 27A of the 1981 Act;
    old section 28" means section 28 of the 1981 Act as it had effect before its substitution by section 66(1) of and Schedule 8 to this Act;
    new section 28" means section 28 of the 1981 Act as substituted by section 66(1) of and Schedule 8 to this Act; and
    the substitution date" means the date on which new section 28 is substituted for old section 28,
and references to other sections are to those sections in the 1981 Act unless otherwise specified.
 
     (2)  Nothing in this Schedule prejudices the application of section 16 (general savings) or 17 (repeal and re-enactment) of the Interpretation Act 1978 to any case not provided for in this Schedule.1978 c. 30.
 Notifications given under old section 28 
     2.  Except as mentioned in paragraphs 4 and 5, a notification under old section 28(1)(a), (b) or (c) (including one having effect in modified form by virtue of old section 28(4C)) has effect from the substitution date as if it were a notification under new section 28(1)(a), (b) or (c) respectively.
 
    3.  A notice under old section 28(4A)(a) or (b) has effect from the substitution date as if it were a notice under new section 28(5)(a) or (b) respectively.
 
 Modification of operation of new section 28 
     4.  New section 28(2) does not apply to a notification taking effect as mentioned in paragraph 2.
 
    5.  The words following paragraph (b) in new section 28(4) do not apply to a notification taking effect as mentioned in paragraph 2, but instead paragraph 6 applies.
 
    6.--(1)  The Nature Conservancy Council shall, within the period of five years beginning with the substitution date, give a notice to every owner and occupier of any land which is the subject of--
    (a)  a notification under old section 28(4A)(b), or
    (b)  a notice under new section 28(5)(b) following a notification under old section 28(1),
containing a statement of the Council's views about the matters referred to in the words following paragraph (b) in new section 28(4).
 
    (2)  The notice shall specify the time (not being less than three months from the date of the giving of the notice) within which, and the manner in which, representations or objections with respect to it may be made; and the Council shall consider any representation or objection duly made.
 
    (3)  Within the period of two months beginning immediately after the period of three months referred to in sub-paragraph (2), the Council shall give a notice to every owner and occupier of the land confirming the statement referred to in sub-paragraph (1) or containing a revised statement.
 
 Modification of operation of section 28A 
     7.--(1)  This paragraph applies to a notification under old section 28(1) given-- 
 
    (a)  before the commencement of the Wildlife and Countryside (Amendment) Act 1985; or
    (b)  after the commencement of that Act but preceded by a notice under section 28(2) as originally enacted, given during the six months immediately preceding that commencement.
    (2)  In relation to a notification to which this paragraph applies, the reference in section 28A(1) to--
    (a)  notice given under section 28(5)(b) confirming a notification with or without modifications, and
    (b)  the confirmed notification,
shall be construed as a reference to the notification under old section 28(1).
1985 c. 31.
 Modification of operation of section 28C 
     8.--(1)  Except as provided in paragraph 9--
    (a)  a notice given under old section 28(5)(a) has effect from the substitution date as if it were a notice given under section 28C(1)(a); and
    (b)  a consent given under old section 28(6)(a) has effect from that date as if it were a consent under section 28C(3)(a).
    (2)  In relation to such a consent, section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    9.--(1)  Subject to paragraph 10, this paragraph applies where--
    (a)  a notice has been given under old section 28(5)(a) before the substitution date;
    (b)  on the substitution date neither of the conditions set out in old section 28(6)(a) and (b) is fulfilled; and
    (c)  on the substitution date four months have expired since the notice under old section 28(5)(a) was given,
but even if those conditions are fulfilled, this paragraph does not apply in relation to operations specified in a notice under section 29(4)(a) on any land if immediately before the substitution date an order under section 29 was in effect in relation to that land.
 
    (2)  Where this paragraph applies, but subject to sub-paragraph (7), the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under old section 28(5)(a).
 
    (3)  Where this paragraph applies, the Nature Conservancy Council may, on or after the substitution date, give a notice (a "stop notice") to every owner and occupier of the land to which the stop notice is to apply.
 
    (4)  A stop notice is to specify--
    (a)  the date on which it is to take effect;
    (b)  the operations to which it applies; and
    (c)  the land to which it applies,
and must contain a notice of the right of the person to whom the stop notice is given to appeal against it in accordance with paragraph 11, and a notice of the effect of sub-paragraph (8).
 
    (5)  The date on which a stop notice is to take effect may not be sooner than the end of the period of three days beginning with the date the stop notice is given, unless the Council consider that there are special reasons which justify a shorter period, and a statement of those reasons is included with the stop notice.
 
    (6)  The operations to which a stop notice may apply are all or any of the operations specified in the notice under old section 28(5)(a).
 
    (7)  From the date on which the stop notice takes effect, sub-paragraph (2) of this paragraph ceases to apply in relation to the operations specified in the stop notice on the land to which the stop notice applies.
 
    (8)  Where the Council give a stop notice, they shall make a payment to any owner or occupier of the land who suffers loss because of it.
 
    (9)  The amount of a payment under sub-paragraph (8) is to be determined by the Council in accordance with guidance given and published by the Ministers (within the meaning of section 50).
 
    (10)  Section 50(3) applies to the determination of the amount of a payment under sub-paragraph (8) as it applies to the determination of the amount of payments under that section.
 
    (11)  This paragraph ceases to apply, in relation to any operation specified in the notice referred to in sub-paragraph (1)(a) except an operation to which a stop notice applies, if the operation has not begun before the end of the period of--
    (a)  three years beginning with the substitution date; or
    (b)  in a case falling within paragraph 10(2) or (3), three years beginning immediately after the expiry of the period of one month or longer referred to there.
    10.--(1)  An agreement under old section 28(6A) in effect immediately before the substitution date has effect from the substitution date as an agreement that paragraph 9 is not to apply in relation to the operation which is the subject of the agreement; and, accordingly, paragraph 9 does not apply in relation to that operation (as regards both the owner and the occupier of the land).
 
    (2)  Where a notice has been given under old section 28(6B) before the substitution date, paragraph 9 has effect, in relation to the operation in question, as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (3)  If after an agreement has taken effect as mentioned in sub-paragraph (1) the relevant person (whether a party to the agreement or not) gives the Nature Conservancy Council written notice that he wishes to terminate the agreement, then as from the giving of the notice paragraph 9 has effect, in relation to the operation in question (as regards both the owner and the occupier of the land), as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
 
    (4)  In sub-paragraph (3), "relevant person" has the same meaning as in old section 28(6C).
 
    11.--(1)  A person to whom a stop notice is given may by notice appeal against it to the Secretary of State, but meanwhile it remains in effect.
 
    (2)  Section 28D(3) to (11) shall apply in relation to such an appeal as they apply in relation to an appeal against a decision to withdraw a consent (see section 28D(1)(d)), but with the following modifications--
    (a)  as if, in section 28D(3), for paragraphs (a) and (b) and the following words "or, in either case," there were substituted "within the period of two months beginning with the date of the stop notice, or"; and
    (b)  as if, for section 28D(5), there were substituted--
          (5)  On determining the appeal, the Secretary of State may quash or affirm the stop notice; and if he affirms it, he may do so either in its original form or with the removal from it of such operations as he thinks fit, or in relation to such reduced area of land as he thinks fit."
    12.--(1)  The Nature Conservancy Council may, by notice given to every owner and occupier of land to which a stop notice applies, vary a stop notice by removing any operation to which it applies or reducing the area of land to which it applies.
 
    (2)  Where after giving a stop notice--
    (a)  the Council consent to an operation to which the stop notice applies;
 
 
    (b)  an operation to which it applies becomes one which may be carried out under the terms of an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968; or
    (c)  an operation to which it applies becomes one which may be carried out in accordance with a management scheme under section 28H or a management notice under section 28I,
the stop notice shall be deemed to be varied accordingly by the removal from the stop notice of the operation in question in relation to the land to which the consent, agreement or management scheme or notice relates.
12, 13 & 14 Geo. 6, c.97.
1968 c. 41.
 Modification of operation of section 28D 
     13.--(1)  Section 28D(1)(a) does not apply to a refusal of a consent under old section 28(6)(a).
 
    (2)  Section 28D(1)(b) does not apply to consents taking effect as mentioned in paragraph 8(1)(b).
 
 Modification of operation of section 28F 
     14.  Section 28F does not apply in relation to operations which have already begun on the date section 28F comes into force. 
 Section 29 
     15. Paragraphs 16 and 17 apply where, immediately before the coming into force of paragraph 2 of Schedule 8 to this Act, there is in effect an order applying section 29(3) to any land ("the relevant land").
 
    16.--(1)  If the relevant land is not included in a site of special scientific interest, section 28C applies to it as if it were (and accordingly section 28M(1) applies also); and references in section 28C to a notification under section 28(1)(b) shall be construed as references to an order under section 29.
 
    (2)  Whether or not the relevant land is included in a site of special scientific interest, a notice given under section 29(4)(a) has effect as if it were a notice given under section 28C(1)(a), except as provided in paragraph 17.
 
    (3)  Whether or not the relevant land is included in a site of special scientific interest, a consent given under section 29(5)(a) has effect as if it were a consent given under section 28C(3)(a), and in relation to such a consent section 28C has effect as if for subsections (7) and (7A) there were substituted--
        (7)  A notice under subsection (6) must include a notice of--
      (a)  the Council's reasons for withdrawing or modifying the consent;
      (b)  the rights of appeal under section 28D;
      (c)  the effect of subsection (8); and
      (d)  the effect of section 28K."
    17.--(1)  This paragraph applies where--
    (a)  a notice has been given under section 29(4)(a) before the repeal of section 29 by paragraph 2 of Schedule 8 to this Act;
    (b)  on the date on which paragraph 2 of Schedule 8 to this Act comes into force, neither of the conditions set out in section 29(5)(a) and (b) is fulfilled; and
    (c)  on that date the period mentioned in paragraph (c) of section 29(5) (or in that paragraph as it has effect by virtue of section 29(6) or (7)) has expired.
    (2)  Where this paragraph applies, but subject to paragraph 9(7) as it has effect by virtue of sub-paragraph (3) of this paragraph, the prohibition in section 28C(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under section 29(4)(a).
 
    (3)  Paragraphs 9(3) to (11) and 11 of this Schedule apply also in relation to this paragraph, but as if--
    (a)  in those provisions references to a notice under old section 28(5)(a) were to a notice under section 29(4)(a); and
    (b)  the reference to "sub-paragraph (2)" in paragraph 9(7) were to sub-paragraph (2) of this paragraph.
    18.--(1)  This paragraph applies where--
    (a)  as a result of the coming into force of paragraph 2 of Schedule 8 to this Act, a local inquiry or a hearing (as mentioned in paragraph 4(1)(a) and (b) respectively of Schedule 11 to the 1981 Act) comes to an end, and
    (b)  an owner or occupier of land in relation to which an order under section 29 has been made has incurred expense in connection with opposing the order at the local inquiry or hearing.
    (2)  If this paragraph applies, the Nature Conservancy Council shall (subject to sub-paragraph (3)) pay a person's expenses referred to in paragraph (1)(b) to the extent that they are reasonable.
 
    (3)  The Council need not pay any such expenses unless the person--
    (a)  applies to the Council for such a payment; and
    (b)  satisfies the Council that he has incurred the expenses.
 
 Compensation and grants 
     19.--(1)  Despite its repeal by paragraph 2 of Schedule 8 to this Act, section 30 (compensation where order made under section 29) continues to apply in connection with an order made under section 29 before the coming into force of that paragraph.
 
    (2)  After the repeal of section 29 by that paragraph, section 32 (duties of agriculture Ministers with respect to areas of special scientific interest) continues to apply, in relation to an application under that section relating to land to which section 29(3) applied immediately before its repeal, as if that land were included in a site of special scientific interest.
 
 Offences and restoration orders 
     20.--(1)  Section 28M does not have effect in relation to an offence committed before the substitution date, but old section 28 or, as the case may be, section 29, has effect instead.
 
    (2)  In relation to an offence under section 29, section 31 as it had effect before the coming into force of paragraph 3 of Schedule 8 to this Act shall continue to apply.")
 
  
Clause 68
 
  
BY THE LORD WHITTY
 
516     Page 42, line 45, leave out ("the Nature Conservancy Council for England") and insert ("English Nature") 
517     Page 43, line 18, leave out ("The Nature Conservancy Council for England") and insert ("English Nature") 
  
After Clause 68
 
  
BY THE BARONESS BYFORD
THE LORD JUDD
 
518     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State and the National Assembly for Wales shall each determine and keep under review from time to time--
    (a)  the species and habitats of conservation concern; and
    (b)  from amongst such species and habitats, the priority species and priority habitats of conservation concern,
which, as regards the Secretary of State, occur in England and, as regards the National Assembly for Wales, occur in Wales.
 
    (2)  The Secretary of State and the National Assembly for Wales shall each establish the criteria for determining the species and habitats under subsection (1), having regard to--
    (a)  the advice of the relevant nature conservation body; and
    (b)  the criteria which have hitherto been relied upon in determining the species and habitats of conservation concern and priority species and habitats of conservation concern in the United Kingdom under the existing Biodiversity Action Plan regime,
and, taking into account the advice of the relevant nature conservation body, may from time to time review such criteria.
 
    (3)  The Secretary of State and the National Assembly for Wales shall each--
    (a)  take measures to promote the conservation, restoration and enhancement, by any person, of the species and habitats of conservation concern determined by him or it in accordance with paragraph (a) of subsection (1);
    (b)  take additional measures to promote the conservation, restoration and enhancement, by any person, of the priority species and priority habitats of conservation concern determined by him or it in accordance with paragraph (b) of subsection (1); and
    (c)  compile, publish and maintain, in such form as he or it thinks fit, a register of the species and habitats of conservation concern and the priority species and priority habitats of conservation concern determined by him or it in accordance with subsection (1).
    (4)  Every Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) and government department shall, when exercising their functions and consistent with the proper exercise thereof, secure or further the implementation of the measures taken in accordance with paragraph (a) of subsection (3) and additional measures taken in accordance with paragraph (b) of subsection (3).
 
    (5)  It shall be the duty of the Secretary of State and of the National Assembly for Wales--
    (a)  to ensure that the register referred to in paragraph (c) of subsection (3) is available, at all reasonable times, for inspection by the public free of charge; and
    (b)  to afford members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
    (6)  In this section--
    (a)  a reference to "the existing Biodiversity Action Plan regime" is a reference to the regime set out in the publications entitled--
          (i)  Biodiversity: The UK Steering Group Report, volume 1: Meeting the Rio Challenge, 1995;
          (ii)  Biodiversity: The UK Steering Group Report, volume 2: Action Plans, 1995; and
          (iii)  Government Response to the UK Steering Group Report on Biodiversity, 1995;
    (b)  the relevant nature conservation body" means--
          (i)  in respect of the Secretary of State and in respect of species and habitats which occur in England, the Nature Conservancy Council for England; and
          (ii)  in respect of the National Assembly for Wales and in respect of species and habitats which occur in Wales, the Countryside Council for Wales.")
Statutory underpinning of the Biodiversity Action Plan.
  
Clause 69
 
  
BY THE LORD HARDY OF WATH
 
519     Page 43, line 44, at end insert ("and the confiscation of any vehicle used to carry material from a limestone pavement"") 
  
BY THE BARONESS DAVID
 
520     Page 43, line 46, at end insert--
 
    ("(  )  In section 34 of the 1981 Act (limestone pavement orders), in subsection (4) for "or disturbs" there is substituted ", disturbs or sells".")
 
  
After Clause 69
 
  
BY THE LORD WHITTY
 
521     Insert the following new Clause-- 
 ("Payments under certain agreements 
     .  In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word "to" there is substituted "to any person; or".")Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act.
1949 c. 97.
1968 c. 41.
  
After Clause 71
 
  
BY THE LORD WHITTY
 
522     Insert the following new Clause-- 
 ("PART IIIA 
 AREAS OF OUTSTANDING NATURAL BEAUTy 
     .--(1)  Where it appears to the Countryside Agency (in this Part referred to as "the Agency") that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Agency may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (2)  Where it appears to the Countryside Council for Wales (in this Part referred to as "the Council") that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the Council may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
 
    (3)  In this Part "area of outstanding natural beauty" means an area designated under this section as an area of outstanding natural beauty.")
Designation of areas.
523     Insert the following new Clause-- 
     ("  .--(1)  Where the Agency or the Council propose to make an order under section (Designation of areas), the Agency or the Council shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.
 
    (2)  Before making the order, the Agency or the Council shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to the Agency or the Council (as the case may be), and shall consider any representations duly made.
 
    (3)  An order under section (Designation of areas) shall not come into operation unless and until confirmed--
    (a)  in the case of an order made by the Agency, by the Secretary of State, or
    (b)  in the case of an order made by the Council, by the National Assembly for Wales,
and, in submitting any such order to the Secretary of State or the Assembly, the Agency or Council shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.
 
    (4)  The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.
 
    (5)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the Secretary of State shall consult the Agency and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (6)  Before refusing to confirm an order under section (Designation of areas), or determining to confirm it with modifications, the National Assembly for Wales shall consult the Council and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
 
    (7)  An order under section (Designation of areas) may be revoked or varied by a subsequent order under that section.
 
    (8)  Without prejudice to the powers of the Agency or the Council to vary an order under section (Designation of areas), the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order vary any order under that section made by the Agency or the Council; and subsection (1) applies to any order under section (Designation of areas) made by the Secretary of State or the Assembly by virtue of this subsection with the substitution for references to the Agency of references to the Secretary of State and for references to the Council of references to the Assembly.
 
    (9)  It is the duty of the Agency and the Council to secure that copies of any order under section (Designation of areas) relating to England or, as the case may be, to Wales, are available for inspection by the public at all reasonable times--
    (a)  at the office of the Agency or, as the case may be, the Council,
    (b)  at the offices of each local authority whose area includes any part of the area to which the order relates, and
    (c)  at such other place or places in or near that area as the Agency or, as the case may be, the Council may determine.")
Procedure for designation orders.
524     Insert the following new Clause-- 
     ("  .--(1)  The following provisions of the National Parks and Access to the Countryside Act 1949 (in this Part referred to as "the 1949 Act")--
    (a)  section 6(4)(e) (duty of Agency or Council to give advice in connection with development matters),
    (b)  section 9 (consultation in connection with development plan),
    (c)  section 64(5) (consultation in connection with access agreements), and
    (d)  section 65(5) and (5A) (consultation in connection with access orders),
apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
 
    (2)  In section 6(4)(e) of the 1949 Act as it applies by virtue of subsection (1), "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under the 1949 Act or otherwise.
 
    (3)  Section 4A of the 1949 Act (which confers on the Council functions under Part II of that Act corresponding to those exercisable as respects England by the Agency) applies to the provisions mentioned in subsection (1)(a) and (b) for the purposes of their application to areas of outstanding natural beauty as that section applies for the purposes of Part II of the 1949 Act.
 
    (4)  A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty has power, subject to subsections (5) and (6), to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much of it as is included in their area.
 
    (5)  Nothing in this Part is to be taken to limit the generality of subsection (4); but in so far as the provisions of this Part or of the 1949 Act confer specific powers falling within that subsection those powers are to be exercised in accordance with those provisions and subject to any limitations expressed or implied in them.
 
    (6)  Without prejudice to the powers conferred by this Part, subsection (4) has effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and does not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.
 
    (7)  In this section "local planning authority" has the same meaning as in the Town and Country Planning Act 1990.")
Functions of certain bodies in relation to areas of outstanding natural beauty.
525     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may--
    (a)  in the case of any existing area of outstanding natural beauty, or
    (b)  in connection with the designation of any area as an area of outstanding natural beauty,
by order establish a board (in this Part referred to as "a conservation board") to carry out in relation to that area the functions conferred on such a board by or under this Part.
 
    (2)  Schedule (Conservation boards) (which relates to the constitution of conservation boards) has effect.
 
    (3)  Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section (General purposes and powers)(1), an order under subsection (1) may--
    (a)  provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or
    (b)  provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board.
    (4)  An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to--
    (a)  the appointment of members,
    (b)  the removal and disqualification of members,
    (c)  the conduct of members,
    (d)  proceedings of the board,
    (e)  the appointment of staff,
    (f)  consultation with other public bodies,
    (g)  records and documents of the board,
    (h)  the provision of information by the board, and
    (i)  complaints of maladministration.
    (5)  Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult--
    (a)  the Agency, and
    (b)  every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty.
    (6)  Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult--
    (a)  the Council, and
    (b)  every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty.
    (7)  An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board--
    (a)  may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (5) or (6)), and
    (b)  in the case of an order revoking a previous order, may provide for the winding up of the board.
    (8)  Subject to any order under subsection (9), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.
 
    (9)  Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to--
    (a)  any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and
    (b)  any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.")
Establishment of conservation boards.
526     Insert the following new Clause-- 
     ("  .--(1)  It is the duty of a conservation board, in the exercise of their functions, to have regard to--
    (a)  the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and
    (b)  the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,
but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).
 
    (2)  A conservation board, while having regard to the purposes mentioned in subsection (1), shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beauty, but without incurring significant expenditure in doing so, and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.
 
    (3)  Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.
 
    (4)  The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to--
    (a)  the accomplishment of the purposes mentioned in subsection (1), or
    (b)  the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part.
    (5)  The powers conferred on a conservation board by subsection (4) do not include--
    (a)  power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or
    (b)  power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection,
but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.
 
    (6)  Schedule (Supplemental and incidental powers of conservation boards) (which relates to the supplemental and incidental powers of conservation boards) has effect.
 
    (7)  An order under section (Establishment of conservation boards)(1) may--
    (a)  make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and
    (b)  provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.")
General purposes and powers.
527     Insert the following new Clause-- 
     ("  .--(1)  Any power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) is exercisable by statutory instrument.
 
    (2)  No order shall be made under section (Establishment of conservation boards)(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
 
    (3)  A statutory instrument containing an order under section (Establishment of conservation boards)(9) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (4)  If a draft of an order under section (Establishment of conservation boards)(1) would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
 
    (5)  The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make such incidental, supplemental, consequential and transitional provision as the person making the order thinks necessary or expedient.
 
    (6)  The power of the Secretary of State or the National Assembly for Wales by an order under section (Establishment of conservation boards)(1) or (9) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose--
    (a)  to apply with or without modifications,
    (b)  to extend, exclude or modify, or
    (c)  to repeal or revoke with or without savings,
any enactment or any instrument made under any enactment.
 
    (7)  The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under section (Establishment of conservation boards)(1) or (9) which--
    (a)  establishes a conservation board or provides for the winding up of such a board, or
    (b)  otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
includes provision for the transfer of property, rights and liabilities from one person to another.
 
    (8)  The power of the Secretary of State or the National Assembly for Wales under section (Establishment of conservation boards)(1) or (9) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide--
    (a)  for the management and custody of any transferred property (whether real or personal);
    (b)  for any liabilities transferred to include liabilities under any enactment;
    (c)  for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;
    (d)  for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
    (e)  for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
    (9)  The power of the Secretary of State or the National Assembly for Wales to make an order under section (Establishment of conservation boards)(1) or (9) includes power to make different provision for different cases, including different provision for different areas or localities and for different boards.
 
    (10)  In this section "enactment" includes an enactment contained in an Act passed after this Act.")
Orders establishing conservation boards.
528     Insert the following new Clause-- 
     ("  .--(1)  Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
    (2)  Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of--
    (a)  the commencement of this section, or
    (b)  the date on which the area is designated as an area of outstanding natural beauty,
prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.
 
    (3)  Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.
 
    (4)  A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.
 
    (5)  A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),--
    (a)  review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section--
          (i)  by a local authority, or
          (ii)  by a joint committee established by two or more local authorities, and
    (b)  adopt the plan as reviewed as their area of outstanding natural beauty management plan, and
    (c)  publish it under subsection (1) or (2) within the time required by that subsection.
    (6)  A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).
 
    (7)  Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.
 
    (8)  Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.
 
    (9)  Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.
 
    (10)  Where a conservation board or relevant local authority review any plan under this section, they shall--
    (a)  determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,
    (b)  make any amendments that they consider appropriate, and
    (c)  publish a report on the review specifying any amendments made.
    (11)  In this section "relevant local authority" means--
    (a)  in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and
    (b)  in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.")
Management plans.
 
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